MT 3-109. Justifiable Use of Force as a Defense – Burden of Proof

MT 3-109. Justifiable Use of Force as a Defense – Burden of Proof

State: Montana

 

Montana Criminal Jury Instructions (M.C.J.I.)

Chapter 3. Justifiable Use of Force

MT 3-109. Justifiable Use of Force as a Defense – Burden of Proof

If the Defendant has offered evidence of justifiable use of force, the State has the burden of proving beyond a reasonable doubt that the Defendant’s actions were not justified.

If you find that he/she has offered evidence of justifiable use of force, but that the State has failed to prove beyond a reasonable doubt that the Defendant’s actions were not justified, you must find the Defendant not guilty.

By | 2013-01-14T21:26:25+00:00 January 14th, 2013|Comments Off on MT 3-109. Justifiable Use of Force as a Defense – Burden of Proof